the dysfunctions of the private copy underline by French justice

February 9, 2012 at 10:31 am Leave a comment

DA©bat – Subject of polé mic in France, the ré muné ration for copy privé E is also in the center d’ â close dé beat in front of justice. Sorecop and rancid CopieF, chargé be to perceive the CCP, see condamn&amp thus; eacute; be for their inaction vis-a-vis the dé veloppement pré judiciable d’ a marché gray and their absence of volonté in l’ harmonization of the rates, those franç board é such an amount of among more é levé S d’ Europe.

For A©carter all vellA©itA© da?? an in-depth rA©forme of the rA©gime franA§ais of the rA©munA©ration for copy privA©e, the government, da author?? does a bill, call upon?? urgency dA©coulant da?? a da risk?? interruption of the collection.

However, like?? have in particular illustrA© the parliamentary dA©bats, but also in June by the Council da?? State, the dysfunctions are multiple. They come again da?? With? tre put in lumiA¨re in a judgement of the TGI of Nanterre.

gray MarchA© and distortion of competition nA©gligA©s

\#?? e-commerA§ant RueDuCommerce has  Sorecop and (fusionnA©es since June), chargA©es to perceive in France the rA©munA©ration for copy privA©e. Does the site of sale show?? organization D `inaction with respect to a©trangers merchants.

an inaction prA©judiciable with the salesman franA§ais, constrained da?? to thus discharge the CCP and compA©titif than a©trangA¨re competition, which A©chappe with the payment. Ca?? is the gray marchA©. In its judgement, the TGI considA¨re which Copy France, well qua?? being informed of?? existence of, Na?? did not act as consA©quence for there remA©dier.

the sociA©tA©s of perception are seen reproaching has “a faulty nA©gligence has  a double level has”. Thus they Na?? exA©cutent has “not their obligation to perceive the rA©munA©ration for copy privA©e which had by the consumers who his?? auprA¨s cybercommerA§ants A©trangers supply. With”

Copies privA©e: amounts not really “; modiques”; in does Europe

In addition, have “as majority members of the commission on copy privA©e, they do not take any measurement to harmonize the amount of the copy privA©e with the other lA©gislations europA©ennes in order to fight against the distortion of competition gA©nA©rA©e by?? existence of the gray marchA©. With”

These faults put in lumiA¨re by justice contribute has  to point out what France is one of the Member States of?? EU oA? the amount of the copy privA©e is more A©levA©. A reading which contradicts one rA©cent communiquA© diffusA© by the SACEM and which qualifies the amounts prA©levA©s.

has “the rate franA§ais on virgin CD is 12 times plus A©levA© that of?? Germany, 6 times plus A©levA© on the virgin DVD; it is 2 times plus A©levA© that the Belgian or Spanish rate for the two forms of mediums; it is 2 times and half plus A©levA© that the rate of the Netherlands on CD, 2 times plus A©levA© on the DVD has” quotes him to it TGI of Nanterre.

Of having the right hostile has  a harmonization synonymous with fall of incomes?

These A©carts between States are sources of distortion of competition. However could those has? tre rA©sorbA©s with through da?? a work da?? harmonization. Taking into account their weight within the commission privA©e (10 siA¨ges out of 24) copies, Sorecop and CopieFrance has “have a rA/le has  to play has” in the fixing of the rates. Not only, these rates remain A©levA©s, and not D …

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